WRITINGS OF 5AM HOUSTON, 1838
241
thirty eight and of the Independence of the Republic of Texas the third. By the President Sam Houston R. A. Irion, Secretary of State. 1 Proclmnations of the President, Republic of Texas; also Docu111ents under the Great Sect.l, Record Book, No. 38, pp. 22-23, Texas State Library. These two copies of the proclamation differ in paragraph division. The original Texas copy of the text of the treaty is to be found in the Texas State Library; also printed in William M. Malloy, Treaties, Conventions, Inter- national Acts, Protoc.ols a1ul Ag1·ee111ents, between the United States of, America, a.,ul Other P<ni.:ers, 1776-1909, pp. 1779-1780.
INSTRUCTIONS TO JOHN W. MOODY, AUDITOR 1
City of Houston, May 26, 1838.
Major J. W. Moody Sir. When "Let this be audited" is written on any claim, it merely means, that you are to consider and act upon, as you may deem proper, agreeably to law. You are not bound to admit any but upon your own full dis- cretion. Audit means to hear & decide upon, and no approval by any power, can deprive the Auditor of his own right to judge, of the discharge of his duties. All claims not provided for by law, and that have not manifest equity in them, will be marked. "The law does not provide for this case." Congress alone, can give relief. Great care must be taken with accounts, and when an act of Congress has passed, to audit· accounts, they must be sustained by vouchers, or they cannot be paid without reference to the Attorney General or the Executive.
Sam Houston. J . W. Moody Esq. 1st Auditor Present President Houston on "let this be audited."
[Addressed] : [Endorsed] :
1 J. W. Moody Papers, Texas State Library.
TO JOHN W. MOODY, AUDITOR 1
26th May 38 The Auditor in this case will dispense with the Signature of a field officer, as there was none to the command. If the Muster Roll is regular, and the discharges correspond, let them be
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